Homicide Lawyers Sydney
Facing a homicide investigation or charge? Our specialist Sydney homicide lawyers provide immediate, strategic defence to protect your liberty & future.
- Expertise in Murder & Manslaughter Trials
- Strategic Charge Negotiation
- Specialist Supreme Court Bail Applications
- Proactive & Strategic Case Defence
Lawyers Available 24/7
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Expert Defence For Every Type Of Homicide Charge
A homicide charge is one of the most serious and complex matters in Australian law, carrying life-altering consequences.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our homicide lawyers have a formidable track record of defending clients in the Supreme Court. We focus on building a powerful, strategic defence from the outset, meticulously analysing all evidence and identifying weaknesses in the prosecution’s case. Our goal is to have charges withdrawn early or secure ‘not guilty’ verdicts in court.
We provide robust representation across the full spectrum of homicide law, specialising in:
- Murder
- Manslaughter
- Assault Causing Death
- Attempted Murder
- Conspiracy to Murder
- Supreme Court Bail Applications
Understanding Homicide Offences in NSW
In NSW law, homicide refers to the unlawful killing of a person. It is not a single charge, but a broad legal category that covers the most serious criminal offences, including murder, manslaughter, and assault causing death, as outlined in the Crimes Act 1900 (NSW).
The critical distinction between these offences lies in the mental state of the accused. To prove a charge of murder, the prosecution must establish that the person had an intent to kill, an intent to cause grievous bodily harm, or acted with reckless indifference to human life.
In contrast, a charge of manslaughter may apply where the killing was unlawful but did not involve the specific intent required for murder, such as in cases of criminal negligence or an unlawful and dangerous act. Given the complexity of the law and the severity of the penalties, which can include life imprisonment, obtaining an expert legal assessment of the evidence is vital from the outset.
Penalties for Homicide Offences in NSW
These are the most serious charges in the criminal justice system, and the consequences reflect this severity. The penalties are outlined in the Crimes Act 1900 (NSW) and vary significantly depending on the specific charge, the circumstances of the offence, and the offender’s state of mind.
Penalties for Murder
Murder carries the highest penalties under NSW law. The court has limited discretion in sentencing, particularly where standard non-parole periods apply.
| Offence | Maximum Penalty |
|---|---|
| Murder | Life Imprisonment |
| Murder of a Police Officer | Mandatory Life Imprisonment |
Note: For a standard murder conviction, the law sets a standard non-parole period of 20 years. This increases to 25 years for the murder of a child under 18. A sentence of “life imprisonment” for the murder of a police officer means natural life, with very limited exceptions.
Penalties for Manslaughter & Other Homicide Offences
While still incredibly serious, the penalties for manslaughter and other related homicide offences reflect that the intention to kill was absent. However, a significant term of imprisonment is still the likely outcome.
| Offence | Maximum Penalty |
|---|---|
| Manslaughter | 25 years imprisonment |
| Assault Causing Death | 20 years imprisonment |
| Assault Causing Death (while intoxicated) | 25 years imprisonment |
| Conspiracy to Murder | 25 years imprisonment |
| Attempted Murder | 25 years imprisonment |
Note: For Assault Causing Death while intoxicated, there is a mandatory minimum non-parole period of 8 years. For both Conspiracy to Murder and Attempted Murder, a standard non-parole period of 10 years applies.
Pleading ‘Not Guilty’ to Homicide
If you choose to plead ‘not guilty’, the responsibility falls entirely on the prosecution to prove every element of the offence beyond a reasonable doubt.
Our role is to dismantle their case and create that doubt. A plea of not guilty means we will rigorously test every piece of evidence and challenge every assertion made by the prosecution in court.
Our homicide lawyers will prepare your matter for a trial before a judge and jury in the Supreme Court. We will explore all available legal defences, such as self-defence, provocation, mental impairment, or that you simply did not commit the act.
A carefully prepared ‘not guilty’ plea, supported by a relentless defence in court, is your best chance of being acquitted and clearing your name.
Pleading ‘Guilty’ to Homicide
In some circumstances, pleading guilty may be the right strategic decision. This does not mean giving up; it means shifting the focus to achieving the most lenient sentence possible.
Pleading guilty can demonstrate remorse and contrition, which are significant factors a judge will consider during sentencing. It can also lead to a discount on your sentence.
If you plead guilty, our primary goal is to minimise the penalty you receive. This often involves intensive negotiations with the prosecution to have the initial charge downgraded—for example, from murder to the lesser charge of manslaughter.
We will also prepare a comprehensive and compelling case for your sentencing hearing, presenting evidence of your background, character, and prospects for rehabilitation to persuade the court to impose a lesser penalty.
The Homicide Investigation & Arrest Process
Being named a person of interest or placed under arrest for a homicide is an overwhelming and frightening experience. From the moment police become involved, it is crucial that you understand your rights and the gravity of the situation. You will be questioned, and every word you say can have a significant impact on the outcome of your case.
The most critical step you can take is to seek expert legal advice immediately. Do not speak to police without a lawyer present.
Our homicide lawyers are available 24/7 to provide urgent guidance, protect your rights during police interviews, and ensure that no procedural errors compromise your defence. Early intervention allows us to begin building a strategic defence from the very first interaction with authorities.
Bail Applications for Homicide Charges
Securing bail for a homicide charge is exceptionally difficult and subject to the strictest legal tests in NSW. Bail applications for charges like murder must be heard in the Supreme Court, and the law requires the accused to demonstrate “exceptional circumstances” to justify their release. This is a very high threshold to meet.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we have extensive experience in preparing and arguing these complex bail applications. We meticulously prepare all evidence, including detailed affidavits and submissions, to build the strongest possible case for your release.
Our strategic approach is designed to address the court’s concerns and maximise your chances of being granted bail while you await trial.
Building Your Defence: Our Strategic Approach
A successful defence against a homicide charge requires a proactive, meticulous, and strategic approach. We leave no stone unturned in our investigation of the prosecution’s case.
Our process begins with a comprehensive evaluation of all evidence, including the brief of evidence, witness statements, forensic reports (such as DNA and fingerprint analysis), and any available CCTV footage.
We work to identify weaknesses, inconsistencies, or procedural flaws in the prosecution’s case. Where necessary, we engage leading forensic experts, investigators, and psychiatrists to provide independent analysis and expert testimony.
This allows us to challenge the prosecution’s narrative and build a robust, evidence-based defence strategy tailored to the unique facts of your case, whether that involves arguing self-defence, mistaken identity, or a lack of intent.
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What Our Clients Say
- Ironclad Defence
We build a powerful & proactive defence from the very beginning. We prepare & identify every weakeness in the prosecution’s case to secure your defence.
- Fierce Advocacy
Our lawyers are your fierce advocates, both in & out of the courtroom. We are committed to protecting your rights, your future, and your peace of mind with fearless representation.
Have Sydney's Best Criminal & Traffic Lawyers On Your Side
When you face a criminal or traffic charge, having a formidable legal team in your corner is not a luxury – it’s a necessity. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our reputation for relentless advocacy and strategic excellence is why we are consistently involved in significant, high-profile cases.
Our work, often highlighted by the media, demonstrates our commitment to every client. We apply the same level of tenacity and expert skill to your case, ensuring you feel protected and have a clear path forward.
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Why Choose Daoud Legal: Sydney Criminal Defence & Traffic Lawyers
PROVEN RECORD IN HOMICIDE TRIALS
We have a formidable history of successfully defending clients in the most serious criminal trials. Our focus is on meticulous case preparation to have charges withdrawn early or secure 'not guilty' verdicts in the Supreme Court.
EXPERT HOMICIDE LAWYERS
Our senior lawyers have over 40 years of combined experience exclusively in complex criminal law. Their deep expertise in homicide cases, from evidence analysis to courtroom advocacy, gives you a critical advantage.
URGENT STRATEGY SESSION & 24/7 SUPPORT
We offer a free, confidential Strategy Session to assess your case and outline your defence options. Our team is available 24/7 because in a homicide investigation, immediate expert advice is vital.
Penalty Reduction Achieved
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FAQs
What is the legal definition of homicide in NSW?
Homicide is not a single charge but a legal category for the unlawful killing of a person. It covers the most serious offences in NSW, including murder, manslaughter, and assault causing death, which are primarily defined under the Crimes Act 1900 (NSW).
What is the main difference between murder and manslaughter?
The key difference is intent. A murder charge requires the prosecution to prove the accused had an intent to kill, an intent to cause grievous bodily harm, or acted with reckless indifference to human life. Manslaughter applies when the killing was unlawful but this specific intent was absent.
I've been arrested for homicide. What is the first thing I should do?
Do not speak to the police. You have the right to remain silent. The most critical step is to state that you wish to speak to a lawyer immediately. Contact Daoud Legal: Sydney Criminal Defence & Traffic Lawyers on our 24/7 line for urgent legal advice and representation during any police interview.
What are the potential penalties for a murder conviction?
A conviction for murder carries a maximum penalty of life imprisonment. In NSW, there is a standard non-parole period of 20 years (or 25 years for the murder of a child), and a mandatory sentence of life imprisonment for murdering a police officer.
What are the penalties for manslaughter in NSW?
While less severe than murder, a conviction for manslaughter is extremely serious and carries a maximum penalty of 25 years in prison. Securing expert legal representation is vital to achieving the best possible outcome.
Can I get bail if I am charged with homicide?
It is extremely difficult. Bail applications for murder must be heard in the Supreme Court and require you to show “exceptional circumstances” to justify your release. Our lawyers have extensive experience preparing the detailed evidence and arguments required for these complex applications.
What are some common defences to a homicide charge?
Defences depend entirely on the evidence and may include self-defence, provocation, mental impairment (insanity), or arguing that you did not commit the act (mistaken identity) or that your actions did not cause the death. An expert lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can assess the evidence and advise on the strongest available defence.
What does the prosecution need to prove to convict me?
The prosecution bears the onus of proving every element of the specific homicide offence beyond a reasonable doubt. This includes proving you committed the act, that your act caused the death, and—for murder—that you had the required mental state or intent.
What is a 'partial defence' and how can it help?
A partial defence, such as provocation or substantial impairment of the mind, is not a complete excuse for the killing but can reduce a charge from murder to manslaughter. This is a crucial legal strategy that can significantly reduce the potential penalty.
Can a homicide charge be withdrawn before a trial?
Yes. If a defence team can meticulously analyse the brief of evidence and expose significant weaknesses or procedural flaws in the prosecution’s case, it is possible to have the charges withdrawn. This is a key focus for our lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers.
What is the difference between pleading 'guilty' and 'not guilty'?
Pleading ‘not guilty’ means the matter will proceed to a trial where the prosecution must prove its case. Pleading ‘guilty’ moves the case to a sentencing hearing. An early guilty plea can result in a significant discount on your sentence and may be a strategic choice after careful legal advice.
Why should I choose a specialist homicide lawyer?
Homicide cases are heard in the Supreme Court, involve complex forensic evidence, and carry the highest penalties in law. You need a lawyer with proven experience in this specific jurisdiction. The team at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers has over 40 years of combined experience in successfully defending these serious charges.
What happens during the initial free strategy session?
Our free, confidential strategy session is an opportunity for us to review the details of your case, explain the charges, and outline your rights and potential defence options. It allows you to understand the path forward and make an informed decision about your representation.
How long does a homicide trial usually take?
The legal process for a homicide charge is lengthy and complex, often taking 12 to 24 months, or even longer, to reach a conclusion. Our team will guide you through every stage, from the initial bail application to the final verdict, ensuring you are supported and informed throughout.
What is 'assault causing death'?
This is a specific homicide offence where a person dies as a direct result of injuries from an intentional assault, even if there was no intent to kill. The penalties are severe, with a maximum of 20 years imprisonment, increasing to 25 years if the offender was intoxicated.
What is the role of forensic evidence like DNA or fingerprints?
Forensic evidence is often central to the prosecution’s case. A specialist defence requires the ability to scrutinise this evidence. We work with leading independent forensic experts to challenge the prosecution’s interpretation and find weaknesses that can be used in your defence.
Can I be convicted of murder if I didn't intend to kill anyone?
Yes. Under the Crimes Act 1900 (NSW), you can be found guilty of murder if you had the intent to cause grievous bodily harm (very serious injury) or if you acted with ‘reckless indifference to human life’, meaning you knew your actions would probably cause someone’s death.
What if I was forced to commit the act?
Duress can be a complete defence to a charge of murder. To be successful, it must be shown that you acted under a serious threat of death or grievous bodily harm, and that a reasonable person in your position would have responded in the same way.
What is the difference between attempted murder and murder?
Attempted murder occurs when a person intends to kill another but the victim does not die. The prosecution must still prove the intention to kill beyond a reasonable doubt. It is an extremely serious offence carrying a maximum penalty of 25 years imprisonment.
How can Daoud Legal: Sydney Criminal Defence & Traffic Lawyers help my case?
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